Kouzas v. Kijakazi
Kouzas v. Kijakazi
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Theodoros K., Case No. 20-CV-2228 (KMM/ECW) Plaintiff, v. ORDER Kilolo Kijakazi, Defendant.
The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Elizabeth Cowan Wright, dated September 27, 2022. [Doc. 49]. The R&R recommends that Plaintiff be awarded $9,700.00 in reasonable attorney’s fees under the Equal Access to Justice Act (“EAJA”) and $400 in costs. No objections have been filed to that R&R in the time permitted.
The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on the Court’s careful review of the R&R and the record in this case, the Court finds no error in the Magistrate Judge’s decision.
Accordingly, IT IS HEREBY ORDERED THAT: 1. The R&R [Doc. 49] is ACCEPTED; 2. Plaintiff’s Motion for Attorneys’ Fees and Costs under the Equal Access to Justice Act [Doc. 44] is GRANTED, and Plaintiff is AWARDED $9,700.00 for reasonable attorney’s fees under the EAJA; 3. Plaintiff is further AWARDED $400 in costs from the Judgment Fund administered by the United States Treasury; 4. In accordance with the EAJA and Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA award is payable to Plaintiff as the litigant and subject to offset to satisfy any pre- existing debts that the litigant may owe to the United States; and 5. Pursuant to the Plaintiff’s assignment of attorney fees and costs [Doc. 46-1 at 1], Defendant shall send the EAJA payment, after any required offset, to Plaintiff’s attorney in Plaintiff’s name.
Date: October 19, 2022 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge
Trial Court Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
Theodoros K., Case No. 20-CV-2228 (KMM/ECW) Plaintiff, v. ORDER Kilolo Kijakazi, Defendant.
The above matter comes before the Court upon the Report and Recommendation (R&R) of United States Magistrate Judge Elizabeth Cowan Wright, dated September 27, 2022. [Doc. 49]. The R&R recommends that Plaintiff be awarded $9,700.00 in reasonable attorney’s fees under the Equal Access to Justice Act (“EAJA”) and $400 in costs. No objections have been filed to that R&R in the time permitted.
The Court reviews de novo any portion of the R&R to which specific objections are made. 28 U.S.C. § 636(b)(1); D. Minn. LR 72.2(b). In the absence of objections, the Court reviews the R&R for clear error. Nur v. Olmsted County, 563 F. Supp. 3d 946, 949 (D. Minn. 2021) (citing Fed. R. Civ. P. 72(b) and Grinder v. Gammon, 73 F.3d 793, 795 (8th Cir. 1996) (per curiam)). Based on the Court’s careful review of the R&R and the record in this case, the Court finds no error in the Magistrate Judge’s decision.
Accordingly, IT IS HEREBY ORDERED THAT: 1. The R&R [Doc. 49] is ACCEPTED; 2. Plaintiff’s Motion for Attorneys’ Fees and Costs under the Equal Access to Justice Act [Doc. 44] is GRANTED, and Plaintiff is AWARDED $9,700.00 for reasonable attorney’s fees under the EAJA; 3. Plaintiff is further AWARDED $400 in costs from the Judgment Fund administered by the United States Treasury; 4. In accordance with the EAJA and Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA award is payable to Plaintiff as the litigant and subject to offset to satisfy any pre- existing debts that the litigant may owe to the United States; and 5. Pursuant to the Plaintiff’s assignment of attorney fees and costs [Doc. 46-1 at 1], Defendant shall send the EAJA payment, after any required offset, to Plaintiff’s attorney in Plaintiff’s name.
Date: October 19, 2022 s/ Katherine M. Menendez Katherine M. Menendez United States District Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.